Tuesday, March 18, 2014
Professional ethics rules has been a bit of a sleeper issue in the area of marijuana law reform. To be sure, it hasn't been overlloked entirely. A handful of states have issued opinions on the topic and Sam Kamin and Eli Wald wrote an excellent law review article considering the question. But in most states that have enacted reforms, there has been no official analysis of how the ethics rules might apply to medical marijuana lawyers.
Nevada appears to be taking a more proactive approach:
Facing a conflict between state and federal law, attorneys in Nevada are asking the state Supreme Court to set rules to protect lawyers who advise clients on medical marijuana issues.
Nevada Bar Association President Alan Lefebvre said Thursday the request submitted seeking expedited state high court action comes with private and public attorneys unsure whether they can advise clients how to handle a medical marijuana law that takes effect April 1.
The state bar governing board submitted its petition Tuesday to the Nevada Supreme Court seeking an amendment to rules of professional conduct so lawyers can safely provide legal advice about medical marijuana.
The state high court is expected to hold a public hearing before making a decision.